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HomeMy WebLinkAboutMINUTES - 10282003 - C11-C15 ::14 ilii III III I III II it II III � k:= „��{ IiiIIIIIIIIiIiIIIIIINiIII �'p�� CONTRA COSTA CoRecorder Office STEPHEN L��E��Clerk-Recorder Recorded at the request of: DOC— 053591 "' /J10 Contra Costa County Wednesday,, OCT 29 6 Board of Supervisors 2003 11:34:66 FjRE $0.@@ Return to: TtI Pd $4,00 Nbr-0091$30193 Public Works Department Engineering Services Division 1 I"C/ 19 J i Records Section THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: INTONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 644 SUBJECT: Accepting completion of improvements and declaring Bollinger Canyon Road as a county road,Road Acceptance 1105 (cross-reference Subdivision 7984),San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 1105,Bollinger Canyon Road(cross-reference Subdivision 7984)have been completed as provided in the Road Agreement with Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rm:sr G:\GrpData\EngSvc\BO\2003\10-28-03\RA 1105 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Recording to be completed by Clerk of the Board action taken and entered on the minutes of the Board of Contact: Teri Ric(313-2363) ccs Public Works -Tax I.D.95-257-8030,Accounting Supervisors on the elate shown. -T.Bell,Construction Div. -M.Valdez,M&T Lab ATTESTED: OCTOBER 28, 2003 -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. JOHN SWEETEN,Clerk of the Board of Supervisors -J.Gray,Eng.Svc. and County Administrator -T.—October 28,2004 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog BY Deputy Shapell Industries of Northern California a Division of ShapeIl Industries,Inc.,a Delaware Corp. Sarn Worden and Steve Savage 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford 21650 Oxnard St.,Suite 600 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 644 SUBJECT. Accepting completion of improvements and declaring Bollinger Canyon Road as a county road,Road Acceptance 1105(cross-reference Subdivision 7984),San Ramon (Dougherty Valley) area. (District Ili DATE: October 28, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 14, 2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY June 26, 2001 (RA 1105) National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$449,900.00, Bond No. 190 724 006 issued by the above surety be RETAINED for the six month lien guarantee period until April 28,2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Bollinger Canyon Road the hereinafter described road, and culverts, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002, in Book 448 of Maps at Page 29,Official Records of Contra Costa County,State of California, is ACCEPTED and DECLARED to be a County road. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Lengths (Milesl Bollinger Canyon Road Varies 147'-189'/Varies 92'-230' 0.2 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$9,000.00 cash deposit(Auditor's Deposit Permit No. 369922 , dated June 15, 200 1)made by Shapell Industries of Northern California,and the performance surety bond rider for $133,600.00, Bond No. 190 724 005 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/644 ffExecuted in Triplicate SURETY RA-1105 Boilinger-Cnyon Road Cross Reference SUB 7984 Increase -Decrease Rider TO BE ATTACHED TO and form part of Bond Number ..... _I 9Q 724.006 ..__... Issued by the _ _Natitlnalir�Insurance Comoanv of Hartford as surety,on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas, CA hereinafter referred to as the Principal,and in favor of County of Contra Costa of .....Martinez, CA __..._._. . .._.. . .. .. ... ... ......___ . _... . . _._. hereinafter referred to as the Obligee,effective the _._._1.4.1h . ,day of. _ ..,JgDe.,._..ZQ0,1 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is understood and agreed that effective the 23r�# day of . September 2003 ,and subject to all the terms, conditions and limitations of the attached bund,the penal sum thereof shall be and the same Is hereby decreased from the sum of —Ek ht Hundred Ninetv_Thousa-nd E aht Hundred and No/100*** Dollars , to the Yum of ..-Qne Hundred Thirty Three Thousand Six Hundred and No1100*** Dollars( $133-6[30*** ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aWregate liability of the Surety for any loss occurring prior to sold date shall not exceed the sum of Eight Hundred Ninety Thousand Bight Hundred and No/100*** _..,,_ .... ... ._...._.,bogs($890,800.00** } or for any loss occurring aut"quent to said date shall not exceed f#te sura of One Hundred Thirty Three Thousand Six Hundred and No/100'** Dollars In no events however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 2Bth day of August . 2003 Accepted By: Shapell Industries of Northern California, County of Contraosta a Division of Shapell Industries, Inc. (Principal) fly,: t'1 Seiaij JrJV TR BRIDGE, ASST. VICE PRESIDENT $ (Seal) KEN COX, ASST. SECRETARY National Fire Insurance Company of Hartford 6uraty) (Seel) SUR-23189-D Pamela L. Stocks Attomey-in-fact ,: . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California ss. County of _3 - ?" On beforeme, Date Name and T309 of 0111cer(e.,"Jane Doe.Note PuNiel personally appeared �� Nams(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence 1 to be the person(s) whose name(s) AVare subscribed to the within instrument and KRUSE acknowledged to me that 4ask#he/they executed AANICE T.Commission# 1318697 the same in 14,4herltheir authorized Notoryr Pubbe.CoWomio capacity(ies), and that by hia4*e0their • Santo Cllnro Cow* signature(s)on the instrument the person(s),or ,CanmSpnAuV24. the entity upon behalf of which the parson(s) acted, executed the instrument. !ITNESS my hand andel seal. } Signature of Notary Public OPTIO]Pi 'hough the information below is not required by law,it may prove valuable to persons relying on the document and could prevent i fraudulent removal and reattachment of this fort to another document. Y Description of Attached Document Title or Type of Document: Document mate: Number of rages: Signer(s)Other Than Named Above: t Capacity(les) Claimed by Signer Signer's Name: ��,l�dividual Top of thumb here .�f+ Corporate Officer—Title(s): i `� ' `)'" t 17 Partner—Cl Limited El General © Attorney-in-Fact ❑ Trustee 0 guardian or Conservator ❑ Other: Signer is Representing:- 0 1999 NaWnal NotaryAsscciatior!•9350 De Soto Ave.,P.O.Box 2402•Chataworth,CA 9 1 3 1 3-2402•www.nationalnoiary.ottg Prod.No.5907 Reorder Cott Toil•Krea 1-800.876-5821 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offs in the City of Chicago,andState of Illinois,arxkhat they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. otczwo" ContinentalCasualty Company National Fire Innsurance Company of Hartford tea American Casualty Company of Reading,Pennsylvania JRL rSEAL � Michael Gengler Seli Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that lie knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL • YPUKWA PRICE NC7AIfFUQI.1C,i7AT€0#IEi.W018 MY COMM$8f{f>et EJQeN:OilfilQ4 My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 28th day of Ail 90t , 2oQa- ct� vtstia Q* Continental Casualty Company !D National Fire Insurance Company of Hartford �° .+ + I American Casualty Company of Reading,Pennsylvania +` AKY 31, U SEAL �r ks i9Q2 1 897 NA f Mary A.Rlbikajws Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorneyin-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company theretto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-haws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company," ADOPTED BY THE.BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"h day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice.President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On August 28, 2003 before me, Sandy Hanner W Notary Public Data NAME,TITLE OF OFFICER,, 'JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Mocks NAME(S)OF SIGNER($) (2L) personally known to me-OR- (.._.,..,) proved to me on the basis of satisfactory evidence to be the person(m) whose narne(4 is/at ubscribed to the within instrument and acknowledged to rite that WsheljbW executed the same in hWher12xktauthorized capacity0eip, and that by NWherf#M signature(Is) on the instrument the person(g), or the entity upon behalf of which the person(so acted, executed the instrument. SANDYHANNEt WITNES my hand and official seal. 40Commission*1382157 Notary Pubk -Csfifom Los Angeles County SIG TUBE OF NOTARY my Comm.Expires Jul 2,2006 OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {} INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (._.} PARTNER(S) LIMITED {� } GENERAL NUMBER OF PAGES ( } ATTORNEY-IN-FACT ( ...} TRUSTEE(S) GUARDIANICONSERVATOR (. } OTHER DATE OF DOCUMENT SIGNER R 18 REPRESENTING: NAME OF PERSON{S} OR ENTITY(IES) National Fire Insurance Comrrany of Hartford SIGNER(S)OTHER THAN NAMED ABOVE <3-107426-8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (colIectiv6ly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety ofAmerica, Surety Bonding Company of America., Continental Casualty Company, National Fire Insurance Company of Hartford,American, Casualty Company of heading, PA, The Firemen's Insurance Company of Newark, Nd', and The Continental Insurance Company. CLOSURE OF The premium attributable to coverage for terrorist acts certifier) under the Act was Zero Dollars ($0.00). OF TERBD21$X LD3 F The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form Fra;o �r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILIiEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 645 SUBJECT: Approve the Second Extension of the Road Agreement for Bollinger Canyon Road, Road Acceptance 1105 (cross-reference Subdivision 7984), San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Agreement between Shapell Industries of Northern California and the County for construction of certain improvements on Bollinger Canyon Road, Road Acceptance 1105, in the San Ramon(Dougherty Valley) area, through rune 26, 2004; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September 2004 ♦ REASON FOR EXTENSION: Extended for the one year warranty IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. JG:mr:sr I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\B0\2003\10-28-03\RA 1105 130-1 l.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors On the date shown. Contact: Teri Rie(313-2363) cc: Public Works—T.Bell,Construction ATTESTED:_OcT(}BFR 28, 2()O_l -J.Gray,Engineering services JOHN SWEETEN, Clerk of the Board of Supervisors Current Planning,Community Development T-August 28,2004 and County Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd. P.O.Box 3611 69 Milpitas.CA 95035 National Fire Insurance Co. By 1 a.._� Deputy 5820 Canoga Ave.,Suite 200 Woodland Hills.CA 91367 RESOLUTION NO.2003/ 645 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 1105 Developer: Shapell Industries of Northern CA Original Agreement.Date: June 26,2001 2nd Extension New Termination Date: June 26,2004 Improvement Security Surety: National Fire Insurance Co. Bond Number No. (Date): 190724006(June 14,2001) Security Type Security Amount Cash: $9,000.00(1% cash,$1,000 Min.) Bond: S 890,800.00(Performance) $449,900.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same, Dated: Bated: > Sha ell Ind t es No them California, a D��vi.sion 0 y1pell Industries, Inc. FOR CONTRA COSTA COUNTY Maurice M.Shiu,Public Warks c eveloper's Signature(s) By: Z T --(f- �,�1-°'e/ fes?i'?�' Printed 100 N. Milpitas Blvd. Milpitas, CA 95.035 RECOMMENDED F AP . Address National Fire Insurance Company By: of Hartford (Engin rig g ces ivision} Surety or Financial Institution j 5820 Canoga Avenue, Suite 200 Woodland Hills, CA 91367 mess (NOTE: t7eyeloper's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney in Facts Signature FORM�MOVED:VI..LPamela Lb Stocks Printed .4& A-mroval Return to Clerk of the Board POWER OF AT' 1NEY APPOINTING INDIVLDUAL ATTC1.NEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Danner,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. AS tr«ty 01suf Continental Casualty Company National Fire Insurance Company of Hartford ' "°a"" American Casualty Company of heading,Pennsylvania JULY fl. �v SEAL Michael Gengler Set,,*Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL lrLiZA PRICE • +� NO'i'/110'PU8Li6,BTAtE eSF 74L1NbiS AW OCMMIifitON E1fPIpEI:OfUi7Ati My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printedf,.p�t the reverse hereof is still in force. In testimony w r r f I have hereunto subscribed my name and affixed the seal of the said corporations this L1St day of Ai#ist G ��.'AASW4tr ,, Continental Casualty Company National Fire Insurance Company of Hartford f gra ,r+cawtta American Casualty Company of heading,Pennsylvania fp, JULY 3f, L. 'C SEA Mary A.Rfbikai6kis Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Hoard of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Hoard of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the.Board of Directors of the Company. "Article W execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-iri-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17s'day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the.Board of Directors of the Company at a meeting duly called and held on the 17`s day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On August 21, 2OQ3 before me, Sandy Hanner- Notary Public Date NAME, TITLE OF OFFICER„ "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(5) { x ) personally known to me—OR -- (.-.,q.) proved to me on the basis of satisfactory evidence to be the person(&) whose name(o is/Ammubscribed to the within instrument and acknowledged to me that Mdsheit C.executed the same in WWherlaallc authorized capacity{isl, and that by Nwherltt signature()on the instrument the person(tt), or the entity upon behalf of which the person(aj acted, executed the instrument. SANDY HANWR WITNESS y hand and official seal. Commission#13621�57� ��,,!! ( -�r Notary Public-California �f.,' Las Angeles County SIGNAiURE OF NOTARY My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {_ } INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) {_.-j LIMITED {�) GENERAL { ) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (_ _} GUARDIAN/CONSERVATOR (r} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Nationalf"'ire Insurance Cornuany of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0-,07476-e S\ <rJJ s <s C , CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT '> State of California 's �s County of Santa Clara sOn September 5, 2003, before me,Janice T. Kruse,Notary Public personally appeared J.C.Truebr dge,personally known to me to be the person whose name is subscribed to t the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity ? upon behalf of which the person acted, executed the instrument. ; o Notary US""# oNlon-7 VITNESS my hand apd official seal. �S Pwt�ic-C� `tire sam a CkX+a cou* _ z s Signature of Notary Public s zs Optional Informations Title or Type of Document: C. C. County Road Improvement Agreement Extension >? RE 1105 Si Capacity Claimed by Signer: Assistant Vice.President of Shapell Industries,Inc. ? >C � , C s � IZ Ci >> CC C, C� C� � . _ `;'ti.� L.'..'Ci'\ /,. .._ .,., %�.n.� , .� ..1.v.i\�.�'�`\ 1/,:%`./i'. .','Vvl v�M,.//.� ..'��'/\N�v��.^%��/..'�✓li�/�ilVv�'�vVN.�i'��./.'/.^:/, NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental. Insurance Company. DISC !QSURE OF PREMIUM . The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PART I PATION IN PAYMENT U.-OF TERRORISIYI; LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm F7310 CONTRA COSTA COUNTY REQUEST FOR ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 1105 If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement,the County may grant you a one-year extension upon your written request.Please realize that you must complete your improvements in an expeditious manner,as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: Going to Board :for acceptance on,-. and then into j 1 year warranty until 4 Please provide your anticipated date of completion: September 004 Please provide your construction schedule: j N/A E f Please provide us with your Federal.Tax ID Number: 95-2578030 (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we re;und.) Please identify any parcel numbers and owners of lots within the development: se additional pages,"' necess Assessor's Parcel Owner's Property Owner's Phone Number Name Address Address Number I CONTRA COSTA Cc Recorder Office STEPHEN L. WEIR Clerk-Recorder Recorded at the request of DOC— 200 -0535914-00 Contra Costa County �+ Board of Supervisors Wednesday, OCT 29, 2003 11:34:59 Return to: FRE $0.00 Public Works Department TL l Pd $0,00 Nbr-$003830194 Engineering Services Division Records Section 1 r C/R9/1—8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEt4A, GREENBERG, GLOVER AND DESAULN'IER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 646 SUBJECT: Accepting completion of improvements and declaring North Wedgewood Road (formerly Acacia Road) as a county road, Road Acceptance 11.16 (cross-reference Subdivision 7984), San Ramon(Dougherty Valley) area. (District RD The Public Works Director has notified this Board that the improvements for Road Acceptance 1116,North Wedgewood Road(formerly Acacia Road) (cross-reference Subidivision 7984)have been completed as provided in the Road Agreement with Shapell Industries ofNorthern California, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. L f:rm:sr C:1GrpDatalEngSvc1BO\2003110-28-031RA 1116 BO-45.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by Clerk of the Board I hereby certify that this is a true and correct copy of an cc: Public Works -'rax I.D.95-257-8030,Accounting action taken and entered on the minutes of the Board of -T.Bell,Construction Div. Supervisors on the date shown. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: OCTOBER 28, 2003 -1.Bergeron,Mapping Div. — - -J.Gray,Eng.Svc. JOHN SWEETEN,Clerk of the Board of Supervisors -T.—October 14,2004 and County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Shapell Industries of Northern California By AeA��_,Deputy a Division of Shapell Industries,Inc.,a Delaware Corp. (j Sam Worden and Steve Savage 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford 21650 Oxnard St.,Suite 600 Woodland Hilts,CA 91367 RESOLtiTION NO.20031 646 SUBJECT: Accepting completion of improvements and declaring North Wedgewood Road (formerly Acacia Road) as a county road, Road Acceptance 11 16 (cross-reference Subdivision 7984), San Ramon(Dougherty Valley) area. (District 111) DATE: October 28, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 14, 2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANKJSURETY September 17, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials) surety for$558,050.00, Bond No.929 247 967 issued by the above surety be RETAINED for the six month lien guarantee period until April 28, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that North Wedgewood Road (formerly Acacia Road) the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28, 2002, in Book 448 of Maps at Page 29, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County road. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Lengths(Miles) North Wedgewood Road Varies 40'-70'/Varies 72'- 102' 0.3 (formerly Acacia Road) BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$11,200.00 cash deposit(Auditor's Deposit Permit No.390599,dated July 30,. 2002)made by Shapell Industries of Northern California,and the performance surety bond rider for $165,700.00, Bond No. 929 247 967 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/646 Executed in Triplicate SURE MN-1 116 Acacia Rad (IV, 'C , Cross Reference SUB 7984 Increase -Decrease aider TO BE ATTACHED TO and forth part of Bond Number ._..9L9247.9.67....... _ ... Issued by the National Firg InsuUnce CoMpa ,of Hart&d _ as Surety,on behalf of Shapell Industries of Northern California,A Division of shape{! Industries, Inc. of Milpitas,CA �..._.. ,hereinafter referred to as the Principal,and In favor of County of Contra Costa of ...,Martinez,CA� _....... .�.._.. . .. ....... ......»._.. .... , ..�... ...... hereinafter referred to as the Obliges,effective the 12th ,Clay of. . .., duly, .2CIt32, IN CONSIDERATION of the premium charged for the attached band and other good.and valuable consideration it is understood and agreed that effective the--13-[g.—day of _ September 20P3 1 and subiect to all the terms, condittons and ilmltations of the attached band,the penal sum thereof shall be and the some Is hereby decreased from the stun of n F Lh-ousand Nille Performance 0)nl Dollars{ ..99 •P * ), to the sum of 'One tdundred sixty Piye Th_ n_ usand S Hundred and No/I Q-** _- Performance Only Dollars{ $165,700.00" .._ IT 16 FURTHER UNDERSTOOD and spread that subject to off the terms, conditions and gmltations of the attached bond, the aggrepts Iiebilty of the Surety for any lose occurring prior to said date small not exceed the sum of One Million One Hundred Four Thousand Nine Hundred and No/1003*** Performance_Only__ or for any loss occurring subse ivant to said date shall not exceed the sum of 0}ne Hundred Sixty Five Thousand Seven Hundred and NOIIOO*** Performance Dollars In no avant,however,shag the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the Intent hereof to prude cumuli lWllty. SIGNED,SEALED AND DATED this math day of Agus# 2003 Accepted By* Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc, (PIincI al) (Steel) J. . Tit. BRIDGE, ASSf. VICE PRESIDENT YIAzg// 944 (Seal) EN COX, ASST. SECRETARY National Fire Insurance Com any of Hartford Surety) l3 (Seal) $UR-23169-D Pamela L. Stacks Attorney-In-fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ I � Mate of California ss. County of On 1 before mer- 't 1 - - �L 1 .So_ Date t Name and Titte of Officer(e.g.,"Jane Doe,Notary Public") personally appeared '6 - - V---e--k3 cjcn, )< i Names)of Signer(a) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -Ware � subscribed to the within instrument and } � >•.e1 JANI E acknowledged to me that they executed ] COmMission# 1318397 the same in WW eNtheir authorized +� Nolmy Public-California capacity(ies), and that by WeH ,their Santa Clara Counly signature(s)on the instrument the person(s), or *C"W.bV6ftALV24,2W4 the entity upon behalf of which the person(s) l acted, executed the instrument. )TNESS my hand and officipi seal. Signature of Notary Pubilc OPTION Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 7 fraudulent removal and reattachment of this form to another document. Description of Attached Documentk f., ' � -- �` f�� Title or Type of Document: .�-t��1 L1pC �`����3Z_ � � l� C Document- Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: 11 Individual Top of thumb hie -><60Yrporate Officer i Partner—0 Limited ®General © Attorney-in-Fact 0 Trustee El Guardian or Conservator J Omer Signer Is Representing:--�� r` -' tom._. 0 1999 National Notary Asssociaticn=9350 De Soto Ave.,P.O.Box 2402•Chavwoft,CA 91313-2,02•www.nationa9atary org Prod.No.$907 Reorder:Cali Toll-Free 1.580-676.8827 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal off€ms,in the City of Chicago,and.State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Banner,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,Pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is-mile and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. t Continental Casualty Company National Fire Insurance Company of Hartford A WORTS t 8 American Casualty Company of Reading,Pennsylvania AKY It. SEAL low tee qMicel Gettgler Se '�VicePresident State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument,that he knows the seals of said corporations,that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFIWAIL SEAL ELIZA PRICEt--.OVW • . 3M7AYt1'KIBIt.�,.dIYAYB tlFkiM161B MY #XP1N86t iMti5A8 My commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed nh the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporations this Gtt55 day of -4119USt 2003 Continental Casualty Company **4 00 National Fire insurance Company of Hartford 00WORATs >wt� X American Casualty Company of Reading,Pennsylvania My 11, E SEAL teas Mary A.13+66kis, Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI Execution of Obligations and Appointment of Attorney-Irk-T=act Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution.of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 176'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES Can August 28, 2003 before me Sandy Hanner- Notary Public Date NAME, TITLE OF OFFICER,,-JANE OOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER($) ( } personally known to me-CSR - (---.-) proved to me on the basis of satisfactory evidence to be the person(n) whose name(,q is/sttwubscribed to the within Instrument and acknowledged to me that Ws AW executed the same in his/her/X authorized capacity(.iee} and that by INW her/VM signatureo)on the instrument the persons), or the entity upon behalf of which the person(* acted, executed the instrument. SANDY HANNER WITNES my hand and official seal. _*My Commission 01362157 Notary Public-Ca�tsrnisLos AngeWs County SIGN_A RE OF NOTARY Comm.Expires Jul 2.2W6 UPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (..�} INDIVIDUAL C) CORPORATE OF'F'ICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED (. _) GENERAL NUMBER OF PAGES ( } ATTORNEY-IN-FACT TRUSTEE(S) (. �} GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0-to7426-e N TI E In accordance with the Terrorism.Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Wining Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, FA,The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). I 'O T1 —ERRORIS LQ5_8 F, The'United States will pay ninety percent, (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form(7310 flfS ill III I III f S SI li ill it lIS Ilii ifi I Iff i I II Ili Ilf �,� CONTRA COSTA Co Retardr Office STEPHEN �,Z C1erk!-0535915-00Recorder Recorded at the request of: DOC— Contra Costa County Board of Supervisors Wednesday, OCT 29, 2003 11:35:01 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0.00 Nbr-0001830195 Engineering Services Division i r e/R 9/1-8 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 647 SUBJECT: Accepting completion of improvements and declaring Monarch Road as a county road, Road Acceptance 1117 (cross-reference Subdivision 7984), San Ramon (Dougherty Valley)area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 1117, Monarch Road (cross-reference Subdivision 7984) have been completed as provided in the Road Agreement with Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rm:sr G:\GrpData\EngSvc\B0\2003\10-28-03\RA 1117 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(313-2363) Recording to be completed by Clerk of the Board action taken and entered on the minutes of the Board of cc: Public Works Tax I.D.95-2.57-8030,Accounting Supervisors on the date shown. -T.Bell,Construction Div. M.Valdez,M&T Lab ATTESTED: OCTOBER 28 2003 -H.Finch,Maintenance Div. ( SVi1EETEN -1.Bergeron,Mapping Div. ,Clerk of the Board of J.Gray,Eng.Svc. Supervisors and County Administrator -T.—October 14,2004 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog By �_ �^��'�"' Deputy Shapell Industries of Northern California a Division of Shapell Industries,Inc.,a Delaware Corp. Sam Worden and Steve Savage 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance Company of Hartford 21650 Oxnard St.,Suite 600 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 647 SUBJECT: Accepting completion of improvements and declaring Monarch Road as a county road, Road. Acceptance 111.7 (cross-reference Subdivision7984), San Ramon (Dougherty Valley) area. (District III) DATE: October 28, 2003 PAGE. 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 14, 2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 17, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$854,450.00, Bond. No.929 247 968 issued by the above surety be RETAINED for the six month lien guarantee period until April 28, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Monarch Road the hereinafter described road,as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002,in Book 448 of Maps at Page 29, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County road. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Lengths Miles Monarch Road Varies 40'µ79'/Varies 72'- 111' 0.5 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$17,100.00 cash deposit(Auditor's Deposit Permit No. 390599,dated July 30, 2002)made by Shapell Industries of Northern California,and the performance/maintenance surety bond rider for$253,800.00,Bond No. 929 247 968 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION No. 2003/647 Executed in Triplicate SUR' Ft` 1117 Monarch�€oad Cross Reference SUB 7384 increase-Decrease Rider TO BE ATTACHED TO and form part of Band plumber ..,.929 247 968,.-.._-,.._... #slued by the National F#rte#ns�,r�nc.CoMl2any of HartfoLd as surety,on behalf of Shapett Industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas, CA -..._ .. ,hereinafter referred to as the Principal,and in favor of County of Contra Costa ... of. ..- Martinez, CA _....._. ._.._.. . .. . .... ... ..... _ .. .,.. . .. _. ,., ... . ..,.. . . . . .. , hare#natter referred to as the Obligee,effective the 12th flay of. . ..,.... .,u#Y,„ 24Cl2, IN CONSIDERATION of the premium charged for the attached bond and other goad and valuable considetation it Is understood and agreed that effective the__ Zgrd day of . September 2093 ,and subject to all the terms, cvndkions and limitations of the ached bond,the penal sura thereof shag be and the same Is hereby decreased from the surer of Qne Mi#ig12-aix]JUndred-NineAy One Tbouagrid Eiabt Hundred ***Performance Only_ Dollars(SI.621.i? to the sum of Two hundred Fifty Three Thousand Eight Hundred and No/100*** Performance Only Dollars( $253,800.00** }. IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attachad bond, the evegate#ab#ty of the Suraly for any loss occurring prior to said date shall not exceed the sum of One) IIIion Six Hundred Ninety One Thousand Eight Hundred and No/100*** Performance Only or for any lose'occurring subsequent to said date shall not exceed tha sum of Two Hundred F&Three thousand Eight Hundred and No/100*** Re o ma c Dollars In no event,however,shag the aggregate liability of the surety exceed the larger of the afore3mentioned sums, It being the intent hereof to preclude cumulative Hablilty. SIGNED,SEALED AND DATED this 2atb .day of August_ 2003 Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (Principal) BY. B : � (sew) J.C. 'TRUER DDE, ASST. VICE PRESIDENT By: (seal) KEN COX, ASST. SECRETARY National }.ire Insurance Company of Hartford �� urety) 8 (Seat) SUR-23189-D Pamela L. Stocks Attorney-In-fent CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT { State of California c County of On before me, Da a Name and 7ttia of t7fticar(e.g.,"done Doe,_q�) personally appeared -` ` F N b 6 e- .moi,.. ' ?r .,< Name($)of ftr,er(s) , >fersonally known to me ❑ proved to me on the basis of satisfactory I' evidence ( r to be the person(s) whose narne(s),ist"are subscribed to the within instrument and acknowledged to me that U4&Wthey executed tANICE T.tCRt1St the same in WeMet their authorized CommWion# 1318697 F capacity(ies), and that by bl **/their .�, Notary Public- af signature(s)on the instrument the person(s),or ornlo Santa Ckna County the entity upon behalf of which the person(s) *C0amEWkftAuQ24. acted, executed the instrument. ITNESS my hand and officinal seal. Sly ukrre of Notary PuWc i OPTIONAL Though the intonnation below is not required by taw it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. {i Description of Attached document Title or Type of Document., X r, Document Gate: Number of Pages; Signer(s)Other Than Named Above: r Capacity(les)Claimed by signer Signer's Name: ,0,1ndividual Fbp at thumb here Corporate Officer Tstle(s).� i t"tSS t i � . ❑ Partner—ID Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator i ❑ Other: ' Signer Is Representino. i� 0 1999 National Notary Assmatbn•9360 De Soto Ave.,P.0,Box 24M•Qwtawolh,CA 913132402+www.natioaalnoftry.org Brod.No,6907 Reorder.Coil Teg-Free 1-80M-M-8627 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Knew All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offpesin the City of Chicago,andSmte of Illinois,andAhat they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint - Pamela L Stocks,Beverly A Hall,Sandra V Banner,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness'Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. &- Continental Casualty Company t�fir : WsuRNational Fire Insurance Company of Hartford QpPlt9AllYg � bMri� American Casualty Company of Reading,Pennsylvania ` PAY it. SEAQ. �# jchael,4G,,n�gler S �VicePresident State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Crengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges sante to be the act and deed of said corporations. OFFICIAL SEAL MA IiotPRICE � se�rasr ,arAtt aWxtwore W M sm?" My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 28th day of August 200 VAS 0 Continental Casualty Company National Fire Insurance Company of Hartford 00wAmerican Casualty Company of Reading,Pennsylvania V SEALco �.h✓ taQ7 Mary A.R�ikajqds Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUAL'T'Y COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,atony time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA.: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Eaecution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to he valid and binding on the Corporation." -- State of CALIFORNIA County of LOS ANGELES On August 28, 20033 before me, Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUSLIC" personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) ( x ) personally known to me —OR — (__.._) proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 isJatrmubscribed to the within instrument and acknowledged to me that W she/jhW executed the same in tds/her/ to authorized capac€ oeei and that by I l�'herl0 signatureo)on the instrument the person{), or the entity upon behalf of which the person(30 acted, executed the instrument. sANDY HANNER WITNES my hand and official seal. _ Commissions 1362157 Notary Public-Caftnis .y� Los Angelos County SIGN r`URE OF NOTAFIY My Comm.Expires Jul 2,2006 OPTIONAL Though the data below Is not required by taw, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHE© DOCUMENT {�) INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED {�) GENERAL NUMBER OF PAGES {X) ATTORNEY-IN-FACT TRUSTEE(S) (_ _) GUARDIAN/CONSERVATOR {` ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire lnsurarre Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE a-+ors2s-s NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, .Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Beading, PA, The Firdmen's Insurance Company of Newark, NJ, and The Continental Insurance Company. JUSCLOSUR. OF � IJiyr The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). MCLOSURE OF FYdDERALR N PAYMENT OF TERBORIS The United States will pay ninety percent (90/) of covered-terrorism losses exceeding the applicable suretylinsurer deductible. Form F7310 ILIL III III I III LI Il II ILI II Lll 111111111111111111111 �. , k CONTRA COSTA Cc Recorder Office -`' STEPHEN L, WEIR Clerk-Recordder Recorded at the request of: DCC— 200 '0535916-00 Contra Costa County Wednesday, OCT 29, 2003 11:37:41 Board of Supervisors FRE 1,0.00 Return to: Public Works Department Tt I Pd $0,00 Nbr-0001830228 Engineering Services Division 1 re/RS/1—8 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 28, 2403,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 648 SUBJECT: Accepting completion of improvements and declaring South Wedgewood Road (formerly known as Tamerisk Road)as a county road,Road Acceptance 1125(cross- reference Subdivision 7984), San Ramon(Dougherty Valley) area. (District 111) The Public Works Director has notified this Board that the improvements in Road Acceptance 1125, South Wedgewood Road (formerly known as Tamerisk Road) (cross-reference Subdivision 7984)have been completed as provided in the Road Agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rrn:sr G:\GrpData\EngSvc\BO\2003\10-28-03\RA 1125 BO-45.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by Clerk of the Board cc: Public Works Tax I.D.95-257-8030,Accounting T.Bell,Construction Div. M.Valdez,M&T Tab I hereby certify that this is a true and correct copy of an -H.Finch,Maintenance Div. action taken and entered on the minutes of the Board of 1.Bergeron,Mapping Div. Supervisors on the date shown. J,Gray,Eng.Svc. T.—October 14,2004 OCTOBER 2� 2403 Sheriff-Patrol Div.Commander ATTESTED: CHP,coo Al JOHN SWEETEN, Clerk of the Board of Supervisors CSAA-Cartog and County Administrator Shapell Industries of Northern California a Division of Shapell Industries,Inc.,a Delaware Corp. Sam Worden and Steve Savage 100 N.Milpitas Blvd. By A A(�" Deputy Milpitas,CA 95035 National Fire Insurance Company of Hartford 21650 Oxnard St.,Suite 600 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 648 SUBJECT: Accepting completion of improvements and declaring South Wedgewood Road (formerly known as Tamerisk Road)as a county road,Road Acceptance 1125(cross- reference Subdivision7984), San Ramon(Dougherty Valley) area. (District III) DATE: October 28, 2003 PACE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 14, 2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 10, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$820,500.00, Bond No. 929247983 issued by the above surety be RETAINED for the six month lien guarantee period until April 28, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that South Wedgewood Road(formerly Tamarisk Road)the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed. October 28, 2002, in Book 448 of Maps at Page 29, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County road. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Lengths (Miles) South Wedgewood Road Varies 40'-74'/Varies 72'-106' 0.4 (formerly Tamarisk Road) BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$16,400.00 cash deposit(Auditor's Deposit Permit No. 391840, dated August 22,2002)made by Shapell Industries of Northern California,and the performance surety bond rider for$243,700.O0,Bond No. 929 247 983 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/648 Executed in Triplicate SURETY Rk-1125 Gale ranch 11 Cross Reference SUB 7984 Increase-Decrease Rider TO BE ATTACHED TO and farm part of Band Number .929 247 983_.._...._... issued by the National Fire insurance Cornoanv of Hartford as Surety,on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas, CA _.. ,herelnatfter referred to ars the PIncipa3l,and in favor of _ County of Contra Costa ... . .. of » Martinez,CA __....... . ..... . .. ... ... .. ,. ... __ _ _...�.... , hereinafter referred to as the Obilgere,effective the 7th _ day of, IN CONSIDERATION of the premium changed for the attached bend and other good and valuable consideration it is understood and agreed that effective the__ 23rd day of . September , 2003 ,and subject to all the terms, conditions and limitations of the attached band,the penal sure thereof Shall be and the some Is hereby decreased from thee sum of One Million Six Hundred Twenty Four Thousand Six Hundred and No/100***Performance Only _�.__....__. Dollars{_IL624, to the sum of TWQHundred Forty Three Thousand Savpn Hundred and No/9tH *** Performance Only Dollars($243,,700.00:_„_}, IT IS FURTHER UNDERSTOOD and"ad that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loses occurring prior to said date shelf not exceed the sum of One Million Six Hundred Twenty Four Thousand Six Hundred and No/100***Performance Only _... ..» __._.._..Dolaars(V.624,600.00.* } or for any loses occurring subsequent to said date shall not exceed the sum of _ Two Hundred Forty Three Thousand Seven Hundred and No/100*** Performance Only Dollars($243,700.00**,. �_ } In no event,hovmver,shall the aggregate liability of the Surety exceed the larger of ft aforementioned sums, it being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this --2MhLdaay of _ August 2003 Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapeli Industries, Inc. - (Principal) / (Seal) Vi . T B 7 EBR.IDGE, ST. VICE PRESIDENT /I k (Seal) KEN COX, ASST. SECRETARY National Fire Insurance Company of Hartford r ' (Aurs) B (Seel) SUR-23169-D Pamela I_. Stocks Attorney-in-fact' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 3,2003,before me, Janice T. Kruse,Notary Public personally appeared J.C.Truebridge and Ken Cox,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons,or the entity upon behalf of which the persons acted,executed the instrument. . �. M - JAt�fICE T.KRUSE Commission# i 3 gb97 Notary Public-Caltl(,,nia ITNESS my hand and official seal. SOMA Ckwa County _1�M�rn.�Aug24. �� � Si tore of Notary Public Optionallnfo n Title or Type of Document: // b Ra Tract: Cl91-k TOT Rlp�,.. — \ .257 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapeli Industries,Inc. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duty organized and existing corporations having their principal ofd in the City of Chicago,and State of Illinois,and4hat they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint Parnela L Stocks,Beverly A Mail,Sandra V Harmer,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the hoards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. Continental Casualty Company National Fire Insurance Company of Hartford OWOKOW x American Casualty Company of Reading,Pennsylvania. 50 SEALx�t t. au Michael Gengler S ` trice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Cengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to tike authority,and acknowledges same to be the act and deed of said corporations. t;MIC'^ AL SEAL ELtZA PRICE r worwELIZ P=Ern+aat rr txHw SEs:aanr� My Cornmission Expires September 17,2006 Eliza Price OF Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations p te� &reverseohereof is still force. In testimony wl eg I have hereunto subscribed my name and affixed the seal of the said corporations this - y A > Ugust Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania AKY 31, 14197 mr +r Form F6853 Mary A. ikaokis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Ezecution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 170i day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with inspect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI---Execution of Obligations and Appointment of Attorney-In-Tract Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 176 day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 170i day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate beating such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On August 28, 2003 before me, Sandy Hanner- Notary Public Date NAME, TITLE:OF OFFICER., "JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( ) personally known to me –OR w (—) proved to me on the basis of satisfactory evidence to be the persona) whose name(4 is/Aswubscribed to the within instrument and acknowledged to me that WsheljkM executed the same in Ws/her/twit authorized capacity(i , and that by i t�lherl4 signature(a)on the instrument the person(g), or the entity upon behalf of which the person(sI) acted, executed the instrument. _ WITNESS hand and official seas. JA,ySANDY HANNER � Commission 1362157 Not:q Public-California - Ls Angeles county SfGNA RE OF NOTARY Comm.Expires Jul 2.2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this foray. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT { _) INDIVIDUAL {®) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�} PARTNER(S) LIMITED GENERAL ( } ATTORNEY-IN-FACT NUMBER OF PAGES {�. ) TRUSTEE(S) {. } GUARDIANICONSERVATOR (_. .) OTHER DATE OF DOCUMENT SIGNER 18 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 NOTICE In accordance with the'Daerrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bands and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies'written by any one or more of the following companies (eollectiv6ly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety.Ponding Company of America, Continental. Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA,The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. ��E��U1�E C3�' PREMZtTM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($6.00). M OE TERRORISM SE The United States will pay ninety percent (90%)of covered terrorism losses exceeding the applicable surety/insurer deductible. FWM P7310